Last updated: March 01, 2023
Introduction
Welcome to fortuneivy.shop (the “Site”). This Site is owned and operated by Fortune + Ivy® (“Fortune + Ivy®” or “We”). We make various products available on this Site including, but not limited to, clothing, dresses, tops, and sweaters (the “Products”).
Please read these Terms and Conditions (the “Terms”) carefully before using this Site or making any purchases from us. By using this Site and/or purchasing Products, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use this Site or purchase Products. These Terms govern your use of this Site and your purchase of any Products.
We may change these Terms at any time by posting changes online. Please review these Terms regularly to ensure you are aware of any changes. Your continued use of this Site after changes are posted constitutes your agreement to the modified Terms. If you do not agree to the changes, please do not continue to use the Site or make purchases.
Use of Site and Account Registration
You must be at least 18 years old or have the consent of a parent or legal guardian to use this Site and make purchases. If you are under 18 and have the consent of a parent or legal guardian, we recommend that your parent or legal guardian supervise your activities on the Site.
Some areas of the Site may allow you to register for an account. If you register for an account, you agree to provide accurate information and to update your information if it changes. Each account is limited to one individual. You may not share your account credentials with anyone else, and we recommend maintaining your account credentials in a secure location. You are solely responsible for any activity associated with your account.
Online Orders and Payment Terms
Order Acceptance: Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order. We reserve the right to accept or decline your order for any reason up until the time the ordered Product is shipped. If we cancel your order after you have been charged, we will refund your payment.
Prices and Payment: All prices posted on the Site are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or shipping and handling charges, which will be added to your total invoice price.
We accept various payment methods including major credit and debit cards. You represent and warrant that you have the legal right to use any credit or debit card used in connection with a purchase.
Shipping and Delivery: We will arrange for shipment of ordered Products to you. Please check the individual Product page for specific shipping information. We aim to ship your Product within the timeframe specified on the Site, but shipping timeframes are estimates only and are not guaranteed. We are not liable for any delays in shipment.
If no one is available to accept delivery of a shipment, the carrier may leave the shipment or we may charge you to re-deliver your order. Shipments cannot be delivered to post office boxes. We reserve the right to make partial shipments.
Returns: Generally, we do not accept returns or provide refunds on any Products. However, we may make exceptions in special circumstances on a case-by-case basis in our sole discretion. To request a return or refund, please contact us. Approved returns must be shipped back to us within 30 days after we authorize the return. You are responsible for all shipping costs for returns. We are not responsible for any damage or loss associated with returns.
Product Descriptions: We aim to provide accurate Product descriptions and images. However, we do not warrant that such descriptions, images, or other content available on the Site is accurate, complete, current, reliable, or error-free.
Intellectual Property
The Site contains copyrighted material, trademarks, and other proprietary information of Fortune + Ivy® and licensors. Except as expressly authorized, you may not copy, modify, transmit, distribute, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Site. Any unauthorized use of the Site or materials is prohibited.
User Content
By submitting, posting, displaying, transmitting, or otherwise communicating information or materials (“User Content”) to the Site, you are granting Fortune + Ivy® and our affiliates a perpetual, worldwide, non-exclusive, royalty-free, fully sublicenseable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content.
You represent and warrant that you have the right to grant the foregoing license. You are solely responsible for all User Content. We take no responsibility and assume no liability for any User Content. We reserve the right to delete any User Content.
Site Use Restrictions
You agree not to:
- Use the Site for any illegal purpose, in violation of any laws, or in violation of these Terms.
- Violate the legal rights of others, including intellectual property rights.
- Interfere with or disrupt the Site or servers or networks providing the Site.
- Impersonate any person or entity or provide false information on the Site.
- Introduce any viruses, malware, spyware, or other harmful code to the Site.
- Attempt to gain unauthorized access to the Site, user accounts, or computer systems.
- Use any data mining, robots, or similar data gathering and extraction methods.
- Use the Site to make fraudulent offers, solicitations, or other fraudulent activity.
Any violations may lead to termination of your access to the Site.
Third Party Links and Content
The Site may contain links to third party websites and services. Such third party links and content are provided solely as a convenience. We do not control, endorse, or adopt any third party content, and we make no representations about third party content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect. Your use of third party content is at your own risk and subject to the terms of use and privacy policies of such third parties.
Disclaimers
THE SITE AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. FORTUNE + IVY® SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM FORTUNE + IVY® SHALL CREATE ANY WARRANTY.
FORTUNE + IVY® MAKES NO WARRANTIES THAT THE SITE OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. ANY INFORMATION ON THE SITE MAY BE INACCURATE, INCOMPLETE, OUT OF DATE, OR UNAVAILABLE. FORTUNE + IVY® ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS.
YOU USE THE SITE AND PURCHASE PRODUCTS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR A PRODUCT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE OR PRODUCT. YOU ACKNOWLEDGE THAT FORTUNE + IVY® IS NOT RESPONSIBLE FOR REPLACING OR REFUNDING ANY DEFECTIVE PRODUCT.
Limitations of Liability
UNDER NO CIRCUMSTANCES WILL FORTUNE + IVY® BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON THE SITE OR PRODUCTS OBTAINED THROUGH THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING LOSS OF DATA, INCOME OR PROFITS.
THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF FORTUNE + IVY® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE TOTAL CUMULATIVE LIABILITY OF FORTUNE + IVY® FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SITE IS LIMITED TO THE AMOUNT PAID BY YOU FOR PRODUCTS IN THE LAST 12 MONTHS, OR $100, WHICHEVER IS GREATER.
Indemnification
You agree to defend, indemnify, and hold Fortune + Ivy® harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from your use of the Site or Products, including any alleged violation of these Terms.
Termination
We reserve the right, without notice and at our sole discretion, to terminate your right to access or use the Site. We are not responsible for any termination of your access to the Site.
Jurisdiction and Governing Law
These Terms shall be governed by the laws of the State of California, without regard to conflict of laws principles. You consent to the personal jurisdiction of the federal and state courts located in San Francisco County, California.
Severability
If any provision of these Terms is found invalid or unenforceable, that provision shall be enforced to the maximum extent permissible by law, and the other provisions will remain in full force and effect.
Entire Agreement
These Terms constitute the entire agreement between you and Fortune + Ivy® with respect to the Site and Products, superseding all prior or contemporaneous agreements.
Contact
Please contact us at [email protected] with any questions regarding these Terms.